Summary: We will not investigate this complaint about the Council offering unsuitable permanent accommodation to Mrs Y. This is because part of the complaint is late and there is insufficient injustice to justify investigating the parts of the complaint made in time.

The complaint

1. Ms X complains on behalf of Mrs Y. She complains that the Council made offers of unsuitable permanent accommodation to Mrs Y between 2021 and 2025. Ms X says Mrs Y had to challenge the suitability of the offers which caused distress to her.
2. Ms X also complains that Council officers attempted to lift Mrs Y when viewing a property which caused distress to her.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs Y and her family live in temporary accommodation. Between March 2021 and January 2024, the Council made offers of permanent accommodation. Mrs Y requested a review of the suitability of the offers. The Council carried out the reviews and decided the offers were unsuitable.
8. The Council made a further offer of permanent accommodation to Mrs Y in 2025. Mrs Y sought a review of the suitability of the accommodation. The Council concluded the accommodation was unsuitable.
9. We will not investigate Mrs Y’s complaints about the offers made between 2021 and 2024. Mrs Y sought a review of the accommodation offered and this was the appropriate way to challenge the Council’s offers. Furthermore, the complaints about the offers made between 2021 and 2024 are late and there are no good reasons to exercise discretion to investigate the matters now.
10. Ms X also said the Council delayed in carrying out the suitability review of the offer made in March 2021. The complaint is late and there are no good reasons to exercise discretion to investigate the matter now. Mrs Y would have been aware at the time of any delays by the Council in carrying out the review.
11. We will not investigate Mrs Y’s complaint about the Council making an unsuitable offer in 2025. Mrs Y successfully sought a review of the suitability of the offer which was the appropriate way to challenge the Council’s decision. I am mindful Mrs Y was put to some time and trouble in seeking a review, but this is insufficient injustice to justify investigating the complaint.
12. We also will not investigate Mrs Y’s complaint that officers attempted to lift her into the accommodation during a viewing. I am mindful Mrs Y suffered distress. But this was a one-off event. The resources required to investigate the complaint would be disproportionate to what we could achieve for Mrs Y. I therefore consider there is insufficient injustice to justify an investigation of this complaint.
13. Ms X said she is concerned the Council may reoffer the property offered in 2025. This is speculation and we cannot investigate something that has not happened. Furthermore, if the Council reoffered the property then Mrs Y would be able to request a review of the suitability of the offer and appeal to the county court.

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Final decision

14. We will not investigate Mrs Y’s complaint because some aspects of the complaint are late and there is insufficient injustice to justify investigating the complaints that are in time.

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Investigator's decision on behalf of the Ombudsman